Other Topics: Introduction to Collecting Your Judgment Tips for Collecting Your Judgment Getting a Debtor to Pay Voluntarily Putting a Lien on a Debtor's Property Conducting a Debtor's Examination More Ways to Collect a Judgment Collection Problems & Special Situations What to Do After the Judgment Is Paid
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Getting a Debtor to Pay Voluntarily

The easiest way to collect is to encourage the debtor to pay you voluntarily.

There are several ways you can encourage a debtor to pay you voluntarily:

Write a letter.

Help the debtor find assets to pay the judgment.

Be flexible about payment terms.

Accept installment payments.

Write a letter.
Write a letter to show the debtor it's in their best interest to pay the judgment as soon as possible.

In your letter, you can say:

• If the debtor does not pay you, you'll ask for 10% interest per year and reimbursement of any reasonable and necessary costs of collection. For the law that provides for 10% interest and for costs, check out Code of Civil Procedure sections 685.010 through 685.040 .
• Judgments are enforceable for 10 years and are renewable for another 10 years and then renewable after that. You must renew your judgment before it expires. For more information, read How much time do I have to collect my judgment? For the law that provides for the renewal of judgment, check out Code of Civil Procedure sections 683.110 through 683.220 .
• Credit reporting agencies will know the debtor hasn't paid the judgment because the debtor's name will appear on the court's "Judgment Roll."
• If they do not pay, you can ask for:
  • A wage garnishment against the debtor, debtor's spouse, or the debtor's domestic partner (if against the spouse or domestic partner a court order is required);
  • Levy on debtor's bank account or safe deposit box;
  • Placement of liens on real property or personal property; and
  • Suspension of the debtor's real estate, contractor's, or driver's license under certain circumstances.

Click here for a sample letter. CLICK HERE FOR A COMPUTER PROGRAM THAT WILL HELP YOU WRITE A LETTER.

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Help the debtor find assets to pay the judgment
Sometimes debtors honestly believe they don't have any way to pay this debt.

Encourage your debtor to use the following sources of assets:

• Borrow against a retirement account (401(k)),
• Get a credit card cash advance,
• Use their income tax refund,
• Take a personal loan,
• Have a garage sale,
• Auction personal items on the Internet.

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Be flexible about payment terms.
Sometimes, being flexible will pay off. Here are some ideas:

• Accept (weekly or monthly) payments.
• Accept less than what the court ordered.
• Let the debtor pay you with property or work instead of money.
• If the debtor is out of work, help the debtor find work.

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Accept installment payments.
If you decide to accept installment payments, write a letter to the debtor. Explain how the judgment will be paid. Include payment of interest and costs, if any. Click here to see a sample letter.

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Last modified: 03/17/2008

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